Constitutional Law regulates

• Legal Status of Individuals

• Constitutional Principles of RK

– Form of Governance;

– Form of State Structure;

– Form of Political Regime;

– Basics of Political Structure;

– Basics of Economic Structure.

• Legal Status of the State Organs

– President;

– Parliament;

– Government;

– Constitutional Council;

– Judicial Bodies;

– Organs of Local Administration and Self-Administration

What is Constitution?

•

• Constitution is the major source of Constitutional Law.

• Constitution is the basic law of the state which has the supreme juridical force and regulates the most important social relations.

Types of Constitutions

Constitutions may be:

• Written and unwritten

• Awarded (granted) and popular

• Flexible and rigid

• Juridical and factual

Constitutional Basics of RK

•

• RK is a Sovereign State;

• RK is a Rule-of-Law State;

• RK is a Democratic State;

• RK is a Presidential Republic;

• RK is a Unitary State;

• RK is a Social State;

• RK is a Secular State.

Legal Status of Individuals

Legal Status of an Individual is defined by:

• Constitutional rights and freedoms

– Personal Rights;

– Political Rights;

– Social, Economic and Cultural Rights.

and

• Constitutional Obligations.

Legal Status of Individuals

• Human rights and freedoms belong to everyone by virtue of birth

– Foreigners and stateless persons have the same rights and responsibilities as citizens of Kazakhstan except for political rights and responsibilities.

• Human rights and freedoms may be limited by laws to the extent necessary for protection of:

– constitutional system,

– defense of the public order,

– human rights and freedoms,

– health and morality of the population,

– interethnic concord.

Personal Rights

• Right to life

• Right to personal freedom and dignity

• Right to equality before the law and to non-discrimination

• Right to inviolability of private life and housing

• Right to use native language and culture

• Right to freedom of speech and creative activities; to freely receive and disseminate information

• Right to freely move in the territory of RK and freely choose a place of residence: to leave the territory of RK and to freely return

• Right to freedom of conscience

• Right to protect rights and freedoms (including the right to self-defense; to judicial defense and to qualified legal assistance)

Political Rights

•

• Right to freedom of forming associations.

• Right to assemble; to hold meetings and demonstrations.

• Right to elect and be elected into state bodies

• Right to participate in an all-nation referendum.

• Right to serve in a state office.

• Right to address appeals to state bodies.

• Right to protection and patronage by RK outside its boundaries.

Economic Rights

• Right to freedom of labor, and the free choice of occupation and profession.

• Right to safe and hygienic working conditions.

• Right to just remuneration for labor without discrimination.

• Right to social protection against unemployment.

• Right to individual and collective labor disputes including the right to strike.

• Right to rest.

• Right to property, including the right of inheritance.

•

• Right to freedom of entrepreneurial activity.

Date: 2015-01-12; view: 1361